The Veteran's claim for a compensable rating for residual scars of the left ankle was denied as his scars were not painful or unstable and did not affect an area of at least 6 square inches (39 square centimeters).,The Veteran's claim for an evaluation in excess of 30 percent for status post bimalleolar fracture with traumatic arthritis, left ankle was also denied. The most probative evidence does not reach the level of equipoise as to whether his condition manifested functional impairment to the extent that higher staged ratings may be assigned at any point during the rating period.
The deciding factor: The Veteran's scars were not painful or unstable, and did not affect an area of at least 6 square inches (39 square centimeters).,The Veteran's left ankle disorder manifested as ankylosis with dorsiflexion between 0 and 10 degrees. Such a level of functional impairment is equivalent to a 30 percent rating.
- Claimed conditions
- residual scars of the left ankle, status post bimalleolar fracture with traumatic arthritis, left ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 11, 2021
- Citation
- 21042052
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 21042052.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected disabilities, including traumatic arthritis of the left ankle and degenerative joint disease of the thoracolumbar spine, have rendered him unable to secure or follow substantially gainful employment prior to March 26, 2019.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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